Schools want to learn more about teachers

Wednesday, May 26, 2004 | 10:54 a.m.

School districts, including Clark County, that rely on an FBI database to check whether a teacher has a criminal history are getting an incomplete picture of their prospective employee's past, and a local associate superintendent and Rep. Jon Porter, R-Nev., are trying to change that.

Nevada was one of just 21 states to ratify the National Crime Prevention and Privacy Compact of 1998, which established a database for states to share criminal records for non-criminal justice purposes, such as pre-employment reviews. The database, known as the Interstate Identification System, shows arrests for felonies and serious misdemeanors, as well as whether an individual was convicted, pleaded no contest or was acquitted.

In the past three years, 16 Clark County School District employees have been arrested and charged with sex-related offenses, ranging from possession of child pornography to molestation and rape. None of those individuals had criminal records at the time they were hired, George Ann Rice, associate superintendent of human resources of the district, said.

Some of the nation's largest states, including California and Texas, do not allow their criminal records to be shared through the database. That fact was brought to Porter's attention by the Clark County School District, which relies heavily on the database, as 70 percent of its teachers are hired from out of state.

Arrests in the 29 states that do not allow their information to be shared with potential employers, including California and Texas, would not show up on a check done in Nevada.

House Resolution 2649, authored by Porter, calls for all states to comply with the existing compact or risk losing federal education funding.

States would also be required to report "the identity of each individual under suspicion" for specific felonies that include acts of violence, child abuse, rape, sexual abuse or drug offenses.

Porter, a member of the House Committee on Education and the Workforce, conducted a 90-minute hearing Monday in Clark County School Board's chambers to gather comment on the proposed legislation.

"The potential physical and psychological damage that these few individuals pose to our children and our education system requires lawmakers and adiminstrators to act so as to remove all credible threats to the safety of our nation's students," Porter said. "One of the most common-sense actions we can take is to require states to share any information on the background of these individuals who come into close contact with our children."

Porter said the idea for the legislation actually started with a phone call from Rice, who brought to his attention the fact that not all states were voluntarily upholding the 1998 compact, Porter said.

"Frankly, I was shocked that our nation's school districts weren't able to get the necessary background information on teachers," Porter said.

Rice testified Monday that she had been stunned to learn that less than half of the states were submitting criminal history information to the FBI database -- the same database her office relies on for information about all its employees -- from school bus drivers and janitors to substitute teachers and the 2,000 new full-time teachers hired each year.

"We have believed that when we receive a copy of the FBI report that we have a candidate's complete arrest and conviction history from all states," Rice said. "If school districts around the country were aware of the limited nature of the information they are receiving from their FBI inquiries, they would all be here today eager to testify."

Last year the district revised its application process and now asks applicants whether they have ever been the subject of a criminal investigation, as well as whether they have been arrested, charged or convicted, Rice said.

The district doesn't decide whether or not to hire someone based solely on criminal history, Rice said. Individuals are given the opportunity to explain their situation and provide supporting court documents. But any serious felony, particularly those involving violence, sex-related charges or incidents involving children, are considered "automatic disqualifiers," Rice said.

In order to obtain a teaching license in Nevada individuals must submit their fingerprints, which are then sent to the FBI for review, said Deputy Attorney General Ed Irvin, who advises the State Board of Education.

The Clark County School District also requires substitute teachers to submit their fingerprints for background checks.

D.J. Stutz, president of the Nevada PTA, supported Porter's legislation but said the requirement that "charges, suspicions and accusations" be reported troubled her organization.

"I believe the standard of 'innocent until proven guilty' is a standard worthy of this great country," Stutz said. "I am aware, as are students, that a cry of foul can turn the tables very quickly for a teacher deemed as unfair, tough or just disliked. Just as it is important to have each concern fully investigated, it is also important to protect the ability of an individual to care and provide for his or her family if suspicions turn out to be unfounded."

Stutz said the Nevada PTA was also recommending that the legislation incorporate an appeals process for individuals who believe they have been wrongly listed.

Rep. Howard "Buck" McKeon, R-Calif., who is chairman of the House education subcommittee, told Stutz the PTA's concerns would be considered.

"That's why we have these hearings, so that we discuss the ideas and come up with ways to improve them," McKeon said.

John Jasonek, executive director of the Clark County Education Association, said both his group and the state affiliate of the NEA are waiting for the national office to set the position on Porter's legislation.

"We're going to take our cue from Washington on this one," Jasonek said.

However, Jasonek called the proposal that suspicions would be reported "highly un-American."